top of page
Aug 7, 2023

3 Must-Know Data Laws Every Hospital Need to Follow.

3 Must-Know Data Laws Every Hospital Need to Follow.

In today’s world, people are increasingly aware of privacy and personal data protection. New laws are continually being enacted to safeguard access to and dissemination of personal information. There are three critical data laws that directly impact hospitals.


Whether your hospital is still operating in a traditional manner with paper records or has fully embraced digital systems with various digital tools, if your organization handles personal data, compliance with these laws is unavoidable. Today, MEDcury will summarize these three laws for you.


1. Health Insurance Portability and Accountability Act (HIPAA)


Back in 1996, the U.S. federal government established national standards to protect patients' sensitive health information from unauthorized disclosure. This law is known as the Health Insurance Portability and Accountability Act, or HIPAA.


HIPAA requires that any health information that could identify a patient must be protected and cannot be disclosed or accessed without the patient’s consent.


Healthcare providers and associated individuals must strictly adhere to this law to ensure patient data remains secure from unauthorized exposure. Information protected by HIPAA includes:


  • Data recorded in patient medical records by doctors, nurses, or other healthcare providers.

  • Conversations about treatment between patients and healthcare providers.

  • Information about patients' health insurance.

  • Patients' medical billing information.

  • Other health data collected by HIPAA-regulated entities.


2. General Data Protection Regulation (GDPR)


The General Data Protection Regulation (GDPR) is an EU regulation concerning the protection of personal data and privacy for EU citizens. It aims to protect individuals from privacy breaches and unauthorized use of their personal data. Information protected under GDPR includes:


  • General data such as name, ID number, phone number, birthdate, email, etc.

  • Appearance, characteristics, and behavior.

  • Educational data.

  • Employment, income, and tax information.

  • Sensitive personal data such as religion, political opinions, etc.

  • Health information such as medical history and genetic characteristics.


How does GDPR affect hospitals in Thailand?


Even though GDPR applies to the EU, it affects any organization that processes personal data of EU residents, regardless of where the organization is based. Therefore, hospitals dealing with EU nationals must comply with this regulation.


3. Thailand’s Personal Data Protection Act (PDPA)

Thailand’s Personal Data Protection Act (PDPA) is a comprehensive personal data protection law that came into full effect in June 2022.


This law is modeled after GDPR and shares similar objectives, including preventing personal data breaches and ensuring that data collection and usage are conducted with proper notice and consent. Examples of information protected by PDPA include:


  • General data such as name, ID number, passport number, address, email, phone number, birthdate, place of birth, race, nationality, weight, height, etc.

  • Device or tool information such as IP address, Cookie ID.

  • Biometric data such as facial photos, fingerprints, retina scans, voice recognition.

  • Asset information such as vehicle registration, land title deeds.

  • Financial information.

  • Educational or employment information.

  • Sensitive personal data such as political opinions, religious beliefs, sexual behavior, criminal history, health data, disabilities, or mental health information.


Why Compliance Matters ?, Even for Traditional Data Systems

These laws apply to all organizations indiscriminately and are not dependent on how data is stored. Therefore, organizations that handle personal data must adapt to these changes, particularly hospitals that collect a large amount of sensitive personal data.

Whether your hospital still uses paper files, relies solely on its servers, or has transitioned to fully digital systems with tools like EMR, HIS On Cloud, HIE, NHIS, etc., compliance with these laws is essential.


Are Digital Tools in Hospitals Compliant with the Law?

Hospitals using external digital tools might have concerns about whether these tools comply with legal requirements. Rest assured, system developers and service providers are highly skilled and adhere strictly to these regulations. Therefore, you can confidently rely on digital tools for compliance.


For hospitals still operating in traditional ways, even without digital tools, the laws still apply. As mentioned earlier, these regulations are universal and affect all organizations directly. It’s crucial to understand these laws to ensure your practices are compliant and legally sound.


By now, you should have a clearer understanding of how hospitals handle a vast amount of data under the protection of these three key regulations. As such, hospitals must implement rigorous measures to ensure data is collected and safeguarded appropriately.


Failure to comply with these regulations can lead to significant legal issues. Strict adherence to these laws not only helps avoid legal troubles but also builds trust with patients.


Enhancing Your Hospital's Data Security with MEDcury


If you want to discuss, exchange ideas, or share insights about the healthcare industry, feel free to connect with us at MEDcury.



Stay updated with more news about MEDcury through other channels:



References

bottom of page